- (1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 15-6-88 passed by the learned Sessions Judge, Jodhpur in Sessions Case No. 47/86 by which the learned Sessions Judge acquitted the accused respondent for offence under Sections 353 and 307, I.P.C.
(2.) This appeal arises in the following circumstances : (i) On 19-3-86 at about 11 a.m. P.W.1 Jet Singh lodged a written report Ex.P/1 with the Police Station Sardarpura, Jodhpur stating that his duty in the day was in no entry area of Sardarpura and along with him P.W.2 Narayan Singh constable was also on duty. In Sardarpura area, heavy vehicles were not allowed to enter and, therefore, for that it was no entry area. At about 10.15 a.m. on 19-3-86 when he was standing near C-road, Sardarpura, from the side of C-road, a truck No. RJS 7581 came and P.W.2 Narayan Singh tried to stop that truck and the truck was stopped and driver of the truck was accused respondent and he had no authority to enter into no entry area along with the truck as he was not having necessary papers and he was asked by P.W.1 Jet Singh to proceed toward Police Station, Sardarpura, upon this the accused respondent became angry and thereafter, he tried to take his truck towards Telegraph office instead of Police Station. It is further stated in the report Ex.P/1 that when P.W.1 Jet Singh tried to stop the vehicle, the accused respondent accelerated the speed of the truck and the truck struck against chest of P.W.1 Jet Singh and when P.W.1 Jet Singh cried, two to three persons also reached there, thereafter the vehicle was stopped. The accused respondent did that act with an intention to kill him.
(3.) On this report police chalked out regular FIR Ex.P/6 and started investigation.;